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How Long Does a Custody Change Take

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  • 02-23-2012, 08:01 AM
    worriedmommy
    How Long Does a Custody Change Take
    My question involves a child custody case from the State of: TX and LA

    So I am a long time poster about my case so some of you may be familiar, but for those who arnt: I got my divorce in Houston of 07. I moved out of state that same year and did what the court order required to do so. NCP, the father, did not exersize visitation for four years. 2011 Texas filed on him for non payment of child support. He counter filed for full custody and charged me with contempt of court for denying visitations and not notifying him of my out of state move via cert. mail, claiming I was hiding our daughter. I lost my reciepts so of course I was found guilty of not notifying him by certified mail. I was found not guilty for denyal of visitation and no make up visits where given. Well it has been a year now that we have been in court. There have not been any Temp orders heard on, but my ex did file one, he is pro se. We have 3 amicus atttorney's involved in our case and they have done a home study on him and not me yet. The amicus attorneys where requested by my ex. My ex has been bullying me through e-mail saying that if I move back to Tx he will drop his liability suit for denying visitation for 47,000 dollars and agree to joint custody with me as primary, other wise he will continue to persue full custody. The amicus told me not to worry and keep doing what I have been doing and that most likely he will not get custody. So my question is if the court or judge was even interested in a change of custody wouldnt they have made some kind of stride in that direction by now? We have been in court for a year now and next month we are finally having the hearing on his 15k in arrears, but still no change in our custody order at all.
  • 02-25-2012, 07:32 AM
    Mr. Knowitall
    Re: How Long Does a Custody Change Take
    We don't even know what, if anything, is presently pending before the court. Perhaps the delay is that you have not yet been able to accommodate the home study. If you wish to expedite the resolution of whatever happens to be pending, or to raise issues that you want resolved that are not yet pending, it would seem sensible for you to retain a lawyer in the state in which the litigation is occurring.

    You have told us nothing about the so-called "liability suit" - that sounds like a matter separate from your custody action. If you have been sued for money damages, it would be sensible to consult a lawyer about that lawsuit.
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